Knowing what to do following an accident can make the process of filing a claim, and getting the medical and financial support you deserve, much easier.
Important Note: Recent Changes to BC Law May Affect Your Ability to Sue a Negligent Driver
On May 1st, 2021, ICBC made a series of changes to the rights and benefits available to persons injured in motor vehicle accidents. ICBC’s new Enhanced Care system means the start of a No Fault regime in BC.
Q: I’ve heard about ICBC’s “Enhanced Care” changes – does this mean I can no longer sue the driver responsible for my accident?
A: Not necessarily. If your accident occurred prior to May 1st, 2021, your right to sue a negligent driver for harms you suffered has not been affected by the recent ICBC changes. However, any accidents occurring after May 1st, 2021 are subject to the new ban on motor vehicle litigation as part of ICBC’s shift to a no fault regime. For additional information on ICBC’s Enhanced Care changes, check out our guide on ICBC’s No Fault regime in BC. If you want to speak to one of our legal experts about these changes, contact us today.
If you’re injured in a motor vehicle collision in British Columbia prior to May 1st, 2021, you should do the following:
Get the name, address, driver’s licence number and licence plate number from the other driver.
Get the names and addresses of anyone who witnessed the accident.
Call the police to report the accident. If it is a serious accident they will attend at the scene.
If you have been injured, go to the Emergency Department of the nearest hospital.
Report your claim to ICBC Dial-A-Claim by calling 1-800-910-4222. Make arrangements to have your vehicle examined by an ICBC estimator and the damage assessed.
Contact an Auto Accident Lawyer in Victoria
Contact our expert car accident lawyers in Victoria, BC before you make a personal injury claim with ICBC. People sometimes make statements to ICBC that can hurt their case later. It is important to talk to a lawyer first so that you fully understand your rights and obligations in making an insurance claim. ICBC is a corporation and they make a profit by denying claims. The ICBC adjuster’s job is to pay you as little as possible. Our experts will ensure that you receive the compensation and care you deserve.
Common Causes of Car Accidents
When Acheson Sweeney Foley Sahota (“Acheson Law”) represents you in a personal injury case, one of the first things we take into consideration is how the car accident happened.
Generally, that comes down to some type of negligence on the part of the at-fault driver, whether it be speeding, distracted driving or reckless driving. Of course, there can be other causes such as unsafe roadways or a manufacturer defect, which present their own nuances and challenges.
We’re going to take a closer look at some of the most common causes of vehicle accidents and the legal issues that might be involved.
Whether we are late for an appointment or just not paying proper attention, almost all of us have been guilty of exceeding the speed limit at one time or another, and most of the time there is little consequence. But when speeding leads to injury or death, the matter becomes much more serious. Not only can the offending driver be held criminally responsible for their actions, they can also be held liable for the injuries and damages they have caused to others.
One of the most troubling aspects of these accidents is that while speeding might have caused the accident and injuries, it almost certainly made them more serious due to the velocity on impact.
It’s important to note that speeding is not only an issue when a driver is going faster than the posted limit. If you are driving at or below the speed limit but your speed is unsafe for the conditions, you may be negligent and can still be held liable for causing an accident.
Distracted driving has been in the news over the past few years, particularly with the increase in use of smartphones. It can be frightening to look around at other drivers at a stoplight and realize many of them are on their phones texting, browsing the internet, talking, or even watching videos or playing games.
However, the issue of distracted driving is much broader than the use of smartphones. Any action that a person engages in that distracts their attention from driving is considered distracted driving, whether that be eating, having a pet loose in the vehicle, applying makeup or having an animated conversation with a passenger.
Many assume that the issue with distracted driving is simply taking your eyes off the road. However, studies have shown that it’s more about mental focus. One can be guilty of distracted driving even when using a hands-free device in their car, because their focus is somewhere other than on the road ahead or on the other vehicles around them.
While speeding is one of the most common forms of reckless driving, there are other behaviors that can also be considered reckless because they can lead to serious accidents and injuries. Whether it be weaving in and out of traffic, tailgating or pulling out in front of other vehicles, reckless driving can be extremely dangerous. It can lead to a variety of accidents, from sideswiping to head-on collisions.
Those who engage in this kind of behavior must be held accountable, especially when they injure others through their negligence. As with all the causes of accidents discussed here, you must still prove the behavior was negligent in order to receive compensation. That’s why it is of the utmost importance that you work with a legal team that is experienced in obtaining and analysing the evidence needed to prove negligence.
Have you been injured through no fault of your own?